Publisher's Note: One of the most significant things you can do to promote Liberty is to support our mission. Please make your gift to the 2025 Independence Day Campaign today. Thank you! —Mark Alexander, Publisher

May 22, 2025

A Once-Fringe Nazi Theory Takes the Spotlight at The New York Times

Today’s Weakest Link trick comes from Abbie VanSickle, who claims John Eastman is the originator of the idea that the 14th Amendment is about freed slaves, not illegal aliens.

Possible article in The New York Times:

For more than a century, most scientists and researchers have agreed that smoking has nothing to do with lung cancer. But now, the fringe theory that smoking is bad for your health is being promoted by an obscure German dictator named Adolf Hitler — the same dictator who would later preside over the murder of 6 million Jews.

Maybe liberals have been doing this forever and I only recently noticed, but there’s been a rash of supposedly serious news outlets trying to discredit conservative arguments by attributing the argument to the most embarrassing right-winger they can find.

Today’s Weakest Link trick comes from the Times’ Abbie VanSickle, who claims John Eastman is the originator of the idea that the 14th Amendment is about freed slaves, not illegal aliens. In case you’re not sure what to think of Eastman, VanSickle quickly identifies him as “an obscure California law professor … [who provided] Mr. Trump with legal arguments he used to try to overturn the results of the 2020 presidential election.”

Further proving that this was Eastman’s idea all along, there’s an 8-by-10-inch photo of him accompanying VanSickle’s story, titled, “At Supreme Court, a Once-Fringe Birthright Citizenship Theory Takes the Spotlight.”

Upon publication of VanSickle’s article, every journalist on TV became an expert on the issue, regurgitating her preposterous claim that Eastman is the brains behind the idea — oh, and by the way, this is the guy who tried to overturn the 2020 election.

So I guess you don’t have to know anything more!

I’m not comparing Eastman to Hitler, except in the sense that Hitler was not the first person to come up with the idea that smoking is bad for your health — just as Eastman is not the first person to argue that the 14th Amendment has nothing to do with anchor babies. Why falsely identify him as the originator of that view (which happens to be correct) unless you’re trying to discredit the argument without ever having to explain it, much less refute it?

This is like ad hominem by proxy. You find someone who’s easy to attack, then designate that person as the sole purveyor of an argument you don’t like.

But just to be extra sure that Eastman is the inventor of the “wacky idea” that the 14th Amendment has nothing to do with illegal immigrants, VanSickle checked with Eastman himself. And guess what? He’s delighted to claim full credit. (So in addition to being “obscure,” Eastman is also what’s known as “a delusional narcissist.”)

E.g.:

— “Mr. Eastman said that the president did not directly consult him about the birthright citizenship order but that several of his friends … ‘knew that my scholarship was kind of at the forefront of this.’”

— “Mr. Eastman said Mr. Trump was ‘likely’ referring to him [when he cited many lawyers who agreed with him on anchor babies].”

Is this really how the Times determines authorship? Ask the person claiming credit: Tell the truth. Is this your idea? (Glad they weren’t on the Claudine Gay plagiarism investigation.)

According to VanSickle, Eastman first made the argument in a 2004 amicus brief to the Supreme Court. The case had nothing to do with anchor babies, and Eastman’s brief was not read by the court — much less by Donald Trump — but let’s take 2004 as our marker.

Here are just a few people whose scholarship on the issue far preceded Eastman’s.

In 1985, Yale professors Peter Schuck and Rogers Smith — no slouches — published a book, “Citizenship Without Consent: Illegal Aliens in the American Policy,” making this inarguable point:

“The parents of [illegals] are, by definition, individuals whose presence within the jurisdiction of the United States is prohibited by law and to whom the society has explicitly and self-consciously decided to deny membership. And if the society has refused to consent to their membership, it can hardly be said to have consented to that of their children who happen to be born while their parents are here in violation of American law.”

Schuck and Smith simply take it for granted that anchor babies are not mandated by the 14th Amendment. They write that the debates “establish that the framers of the Citizenship Clause had no intention of establishing a universal rule of birthright citizenship.” (In VanSickle’s telling, this description of the debates doesn’t appear in the Yale professors’ 1985 book: It’s just a “claim” made by Eastman.)

In the summer of 1996, Dan Stein and John Bauer published an article in the Stanford Law & Policy Review, also arguing that the Constitution does not mandate anchor babies: “Interpreting the 14th Amendment: Automatic Citizenship for Children of Illegal Immigrants?”

Then, in 2003, the late Richard Posner, 7th Circuit Appellate judge, wrote a concurring opinion in Oforji v. Ashcroft for the express purpose of demanding that Congress stop “awarding citizenship to everyone born in the United States.” He said he doubted that this was the meaning of the 14th Amendment and pleaded with Congress to pass a law and “put an end to the nonsense.”

Say you’re a reporter for the Newspaper of Record, trying to fairly summarize the debate over the 14th Amendment and anchor babies. Do you cite Posner, the most-cited federal judge, regularly called a “genius” by his peers — including the late Justice Antonin Scalia — and one of the 100 judges listed in “Great American Judges: An Encyclopedia”? Two Yale professors? A Stanford legal journal?

Or do you cite a disbarred, debunked “obscure California law professor” who helped Trump try to overturn the 2020 election?

The choice is obvious. You cite the kook.

COPYRIGHT 2025 ANN COULTER

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2025 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.